Research On The Information Disclosure Obligations Of The Bank Financial Products

In recent years, with the rapid development of the financial industry, various types of financial products emerged. In 2014,in terms of the banking market scale,it issued 79,051 financial products, sales reached 100.5 trillion yuan, an increase of 39.11% and 78.1%, respectively over the previous year. In terms of the types of financial products, bank not only have its own financial products but also have products issued by other institutions, for a lot of financial products investment projects,investors dazzled on the choice of financial products. And the corresponding is banking financial consumer complaints increasing, a lot of disputes happening. Mostly because the Bank did not carry out the obligation of disclose information in the financing business.In China, the related information of banking products disclosure provisions can be seen in some of the provisions, rules and notification, legislative level is low, and the lack of normalization. This has led courts to referee these disputes often emphasizes the civil capacity of client, while ignoring the obligations of information disclosure of Bank. The imperfection of legal regulation, which makes banks ignoring disclosure or taking measures to avoid information disclosure, and against the legitimate interests of financial consumers, and would make the court lack the statutory criterion of judgement in the cases, resulting in inconsistent legal application, or even emphasize too much on the civil capacity of financial consumer. Therefore, I analyze the information disclosure in financial products, in combination with some of the developed countries on the basis of the relevant laws and regulations, and puts forward proposals for bank financial products information disclosure obligation system in this paper.Specifically, the article is divided into an introduction, body and conclusion. Among them, the introduction describes the background on the issues, significance of the topic, domestic scholar’s study and the research methods. The body is divided into three chapters in detail.Chapter I starts from the banking business, and according to the classification standards classified different financial products, and understand the characteristics of various financial products, define the nature of financial products. This chapter expounds the meaning of information disclosure, and compare the information disclosure obligations with duty of explanation during the sale of financial products. I think the duty of explanation during the sale of financial products is an important content of information disclosure obligations. Finally, I analyse the theoretical basis of the information disclosure obligations.Chapter II reveals the present situation of information disclosure of financial information disclosure in the financial planning issues, information disclosure of termination of financial planning. According to present situation of information disclosure of Banking financial services,analysis the legal issues.Chapter III start from the perspective of comparative law analysis, through analysis of the legal regulation of financial products of the United States, the European Union, Japan,I propose some views of perfecting the system of financial products information disclosure obligations. Firstly,from the legal aspects, improve the legislative hierarchy, define the scope of information disclosure, the subject of disclosure and responsibility, establishment of full disclosure. Secondly, from the angle of administrative supervision, one is regulatory harmonization, one is strengthening the self-regulation. of bank. At last, normative the administration of Justice. In the judicial practice, Bank violating the obligation of disclose information, consider the liability from contract and tort.